DAILY LEGAL UPDATES IMPORTANT DECISIONS (16.02.2018)

DAILY LEGAL UPDATES IMPORTANT DECISIONS
(16.02.2018)

Bail - Person who surrenders in Court - He can be said to be in custody for the purpose of S.439 Cr.P.C. - Bail granted. (2014(1) Criminal Court Cases 783 (H.P.)

Contraband - Search - Non-production of original notice u/s 50 of NDPS Act - Reason not assigned - Casts serious doubt on prosecution story and fatal to prosecution case. (2018(1) Criminal Court Cases 057 (Rajasthan)

Criminal trial - Conviction based on inference - Conviction set aside. (2016(3) Apex Court Judgments 121 (S.C.)

Divorce - Cruelty meted out to child by wife - Can be treated as cruelty to husband. (2018(1) Civil Court Cases 012 (Delhi)

Divorce - Denial of sex to a spouse itself amounts to causing mental cruelty. (2017(1) Civil Court Cases 435 (Delhi)

Maintenance pendente lite - Marital status in dispute - Till marriage is declared void, wife is entitled to maintenance pendente lite. (2018(1) Civil Court Cases 077 (Madras)

Rent & Eviction - Bonafide requirement - Status, style of living and habits are the factors which need to be considered while considering bonafide requirement. (2016(1) Civil Court Cases 856 (H.P.)

Sale deed -  Execution of sale deed does not need any attesting witness like gift deed which requires at least two attesting witnesses at the time of its execution as per S.123 TPA. (2018(1) Apex Court Judgments 001 (S.C.)

Suit filed by un-registered firm - Not maintainable against any party. (2017(1) Civil Court Cases 156 (P&H)

Will - Construction - Earlier and subsequent bequest to different persons in the same Will - Where an absolute bequest is made qua certain property to certain persons then a subsequent bequest qua the same property to other persons is to be of no effect. (2017(1) Civil Court Cases 498 (S.C.) 

DAILY LEGAL UPDATES IMPORTANT DECISIONS (15.02.2018)

DAILY LEGAL UPDATES IMPORTANT DECISIONS
(15.02.2018)

• Charas - Recovery from commercial vehicle - 

Every occupant of commercial vehicle cannot be held guilty in connection with anything being carried out by one of the occupants without there being any evidence to show that other passengers had knowledge and notice of carrying of such thing by one of the occupants. (2014(1) Criminal Court Cases 419 (H.P.)

• Date of institution of plaint - 

Suit filed on the last day of limitation with insufficient court fee - Cannot be taken as due institution to save the suit from the bar of limitation when no explanation at all had been given for non payment of court fee. (2016(1) Civil Court Cases 721 (P&H)

• Dishonour of cheque - 

Deemed liability does not apply in case of individual or proprietorship concern. (2018(1) Civil Court Cases 111 (Kerala) 

• Dishonour of cheque - 

Proceedings initiated on the basis of dishonour of cheque for the second time though notice was issued but proceedings not initiated when cheque was dishonoured for the first time - Complaint is maintainable. (2017(1) Civil Court Cases 520 (Allahabad)

• Document - Not signed by scribe - 

Scribe did not legally prove the document as it was not signed by him as is the mandate of law. (2018(1) Civil Court Cases 065 (H.P.)

• Domestic Violence -  

Proceedings u/ss 12 and 18 to 23 are not proceedings in criminal law - Proceedings are remedial in nature which fall in the realm of civil law. (2014(1) Criminal Court Cases 592 (Rajasthan)

• Recall of witness for further cross examination - 

Application can be considered even at the fag end of trial. (2018(1) Criminal Court Cases 147 (Jharkhand) 

• Replication - 

Plea raised in written statement not controverted by filing replication - Does not amount to admission on the part of plaintiff. (2017(1) Civil Court Cases 431 (P&H)

• Six FIR's - Against six Co-operative societies - 

Overlapping allegations may be that all were engaged in the same business - This fact by itself is not sufficient to quash five FIR's at the stage of investigation itself when their members are different, their area of operation is different, etc. etc. (2018(1) Criminal Court Cases 001 (S.C.)

• Will - 

Mere non-mentioning of or about the person, likely to be adversely effected by Will,  would not itself be a ground for coming to the conclusion that Will is illegal. (2016(1) Civil Court Cases 674 (P&H) 

Criminal Procedure Code, 1973 — S. 91 — Summons to produce document or other thing

Criminal Procedure Code, 1973 — S. 91 — Summons to produce document or other thing:Invocation of S. 91 by accused, at the stage of framing of charge dehors satisfaction of court. For exercising such power, court has to be satisfied, that material available with investigator, not made part of charge-sheet has crucial bearing on issue of framing of charge. [Nitya Dharmananda v. Gopal Sheelum Reddy.